Yet Another Assault on the First Amendment?
In a move that has sparked debate, Colorado Governor Jared Polis, a Democrat, has enacted legislation making it a criminal offense to “deadname” or “misgender” transgender individuals in specific settings.
The newly signed bill mandates that county clerks and recorders must process name changes on marriage certificates upon request, without indicating any alterations made to the original document, as reported by JS.
JS noted:
Legislation signed into law on Friday by Governor Polis explicitly protects transgender individuals from being “deadnamed” or misgendered in various contexts. This law, officially titled House Bill 1312, is named in honor of Kelly Loving, a transgender woman who tragically lost her life in the 2022 mass shooting at Club Q in Colorado Springs. The law broadens the state’s antidiscrimination statutes, which previously focused on workplaces and educational institutions, to include guidelines surrounding the use of a person’s chosen name and the pronouns they prefer.
Additionally, it streamlines the process for individuals to amend their gender identity on birth certificates and driver’s licenses, as well as facilitating name changes on marriage licenses.
“The Kelly Loving Act represents a beacon of hope for transgender individuals nationwide,” stated Z Williams from the law firm Bread and Roses, which advocated for HB-1312. “Our collective efforts are yielding results. Hope remains alive. To be transgender is to embody resilience. We will not cease our fight until every transgender person enjoys safety and freedom.”
Bill Summary:
Section 1 establishes the “Kelly Loving Act.” Section 2 dictates that when courts make child custody decisions and assess the best interests of a child, they must consider instances of deadnaming, misgendering, or the threat of disclosing information related to an individual’s gender-affirming healthcare as forms of coercive control. Such reports will be factored into decisions regarding parental responsibilities, in alignment with the child’s best interests. Section 3 prohibits Colorado courts from enforcing laws from other states that could lead to the removal of a child from their parent or guardian due to the provision of gender-affirming healthcare services. Section 4 stipulates that if educational institutions or educators choose to adopt policies concerning chosen names, these policies must encompass all reasons a student might adopt a name that differs from their legal name. Sections 5 and 6 assert that dress codes implemented by local educational providers must allow students to select from any of the options provided. Sections 7 and 8 define deadnaming and misgendering as discriminatory under the “Colorado Anti-Discrimination Act,” prohibiting such acts in public accommodations, although it does not prevent a public entity from using an individual’s legal name when legally required to verify identity or obtain other necessary information for legitimate public purposes.
